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C <br />• - 1• <br />You have repeatedly indicated that the dangers posed by the surface disturbances will force you <br />to forfeit the business profits you believe you will receive from some 59 hunting guests and 20 <br />cattle roundup guests. The cracks and 5ssures are highly localized and are found in an area <br />comprised of heavy scrub brush, historic landslide disturbances, and steep terrain. While the new <br />surface disturbances might add somewhat to the need for vigilance and care, they should not <br />prohibit or even significantly aggravate already treacherous off-road travel. As you know, we <br />have offered to help you by posting signs that would alert guests to the presence of the cracks and <br />recommend caution. In addition, you and your guides can also alert the guests to the conditions <br />and urge them to use caution. As a practical matter, these precautions should alleviate any <br />heightened danger posed by the surface disturbances. <br />In the event you conclude that the disturbed area is too dangerous for guests, you still have other <br />options short of forfeiting your business. The surface damage at issue affects a fraction of the <br />3,700 or more acres you own on Jumbo Mountain and adjacent areas. The disturbances are <br />located in an area of from 40 to 60 acres and are present on only a small portion of this 40 to 60 <br />saes area. Thus, if you feel the area poses a significant danger to your guests for off-road travel, <br />you have a vast amount of property they could visit this season without any diminished enjoyment <br />or success. <br />As repeatedly noted, MCC is ready and willing to repair the damage to the road on Jumbo <br />Mountain. Indeed, we had dispatched Chuck Chesnik to the area with a bulldozer on Monday <br />morning, August 5, to make the repairs when you directed us orally, and later in writing (by letter <br />dated August 5), not to touch the road. As a result, we had to intercept Mr. Chesnilc, azk him to <br />turn his bulldozer around, and the machine has sat idle ever since. In its present condition, the <br />road is practically unusable and I indicated in my letter to you of July 26 that caution should be <br />heeded in the area. Hence, rather than delaying the road work, we urge that you allow us to make <br />the repairs as soon as possible, while Mr. Chesnik and his bulldozer are available. <br />2. Damage to Cabin <br />In your letter of July 10, and again in our recent phone conversations, you indicated that you are <br />still concerned about the condition of your cabin. MCC acknowledges it has an obligation to <br />address damages to your cabin to the extent they are the result of mine-related subsidence. <br />Assuming that the damages were caused by subsidence, MCC is willing to either repair the <br />damage or compensate you for the diminution in value az required by both the Colorado <br />regulations and the Final Rule from OSM. I suggest that we arrange to conduct an inspection of <br />your cabin az soon az we can agree on a time and date to evaluate any remaining damage issues <br />and evaluate whether repair or compensation is appropriate. <br />~ In this connection, we need to address your suggestion during our phone rnnversation on August 8th that <br />someone might "deliberately" injure themselves on the property and your related assertion that you have "nothing <br />to lase." The implications of these statements are very troubling. 13e advised that MCC has no respo~uibiliry for <br />any injuries deliberately sustained or inflicted <br />2 <br />